Today, on 17.04.2024, at 10:00 a.m., the Appeal Chamber held the public hearing of the case no. (JR) 42 -17/2018, dated 11.04.2023, pertaining to the request of the former assessee, Mrs. Antoneta Sevdari for the review of the decision of the Special Appeal Chamber (JR) no. 6, dated 28.02.2019.
With regard to the retrial of the case and the continuation of its trial on the merits, the Public Commissioner pointed out that the ground presented in the appeal dated 29.8.2018 of the Public Commissioner, filed against the decision of the Commission no. 42/2018, based on the state of the acts in the file of the administrative investigation of the Independent Qualification Commission remain as such, even after the administration of the decision of the European Court of Human Rights (ECHR), “Sevdari vs. Albania”. At the end of the presentation of these appeal grounds for the asset and proficiency assessment criteria, the Public Commissioner requested the amendment of decision no. 42, dated 18.07.2018 of the Independent Qualification Commission and the dismissal from office of the applicant Antoneta Sevdari.
The legal representative of the applicant, Antoneta Sevdari, stated that presenting the same appeal grounds as those that led to the dismissal of the assessee, without re-evaluating them following the decision of the European Court of Human Rights, is a deviation from this decision-making, according to which the dismissal of Ms. Sevdari is disproportionate and in violation of Article 8 of the European Convention on Human Rights. The applicant asked the Appeal Chamber not to accept the appeal and to uphold decision no. 42, dated 18.07.2018 of the Independent Qualification Commission regarding her confirmation in office.
By objecting the position held by the applicant, the Public Commissioner emphasized the enforcement power of the decision of the ECtHR and stated that in this decision-making are not overturned the appeal grounds of the Public Commissioner, but requests that be evaluated the proportionality of the measure of dismissal with regard to these appeal grounds, assessment which will be carried out by the court.
Following their consultation, the trial panel decided to administer the acts of the file forwarded by the Independent Qualification Commission, which is the basis for the decision no. 42, dated 18.07.2018 of the Commission. With a majority of votes, the trial panel decided not to open an investigation regarding a complaint addressed by the Public Commissioner.
After the parties stated that they had no further procedural requests, the trial panel decided to close the judicial review of the case and invited them to present their final conclusions.
Given that the Public Commissioner asked for time to prepare the final conclusions, the trial panel decided to adjourn the public hearing on 23.04.2024, at 12:00h.
The public hearing shall be held at the premises of the Special Appeal Chamber, at:
Bulevardi “Dëshmorët e Kombit”, nr. 3. Tirana